The ineffectiveness of the crime of usurpation for the injured: some advantages of civil procedure

Abstract

Article 245.2 of the Criminal Code punishable by fine the occupation of houses, real estate or buildings without violence whenever do not constitute abode. However, the civil action accumulated criminal does not satisfy the interest of the injured to recover as quickly the possession. Despite some drawbacks, derived from traditional lack of means of Spanish justice, civil proceedings better repair the damage suffered by the holder or who has legal title to occupy the house. If the mínimum penalty for the crime of usurpation is elevated, its passage would be avoided as minor offense. This would allow the adoption of real precautionary measures.